HomeMy Public PortalAboutOrd. 596 - Supporting DocsROBERT H. REMAKLUS, LAWYER P.A.
PROFESSIONAL CENTER BUILDING
POST OFFICE BOX 759
CASCADE, IDAHO83611
TELEPHONE (208) 382.4267
October 28, 1991
Arthur J. Schmidt, Jr.
City Clerk/Administrator
P. O. Box 1065
McCall, Idaho 83638
Re: City-D & D Land Trade
Dear Bud:
Enclosed is a draft of the proposed land trade ordinance involving
the D & D land and city land at the golf course. Please have Tom
or Joel check the descriptions to be sure all are correct. Also
note Section S describing the purposes of the trade. It probably
weeds revision and further explanation.
After you have had an opportunity to check this out, I shall look
forward to a call.
Very truly yours,
Robert EL P,emaklus
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ORDINANCE NO.
AN ORDINANCE EXPRESSING THE INTENT OF THE CITY OF
McCALL, IDAHO, TO EXCHANGE CERTAIN REAL PROPERTY
BELONGING TO THE CITY FOR OTHER REAL PROPERTY FOR
RECREATIONAL PURPOSES, DESCRIBING SAID REAL PROPERTY,
PROVIDING THE PURPOSE OF SUCH EXCHANGE, PROVIDING
FOR A PUBLIC HEARING UPON SUCH EXCHANGE, PROVIDING
FOR PUBLICATION OF NOTICE OF SUCH HEARING, PROVIDING
THAT COPIES OF THE APPRAISALS OF SUCH REAL PROPERTY
ARE OPEN TO PUBLIC INSPECTION, PROVIDING A DATE
UPON WHICH SUCH EXCHANGE OF PROPERTY SHALL OCCUR,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF McCALL, IDAHO, AS FOLLOWS:
Section 1. Pursuant to Section 50-1403, Idaho Code, the City
Council of the City of McCall, Idaho, does hereby express its
intent to exchange real property of the City of McCall not used
for public purposes, which said property is more particularly
described as follows:
CITY OWNED PROPERTY
A parcel of land being a portion of Lot 1, Block 5,
Timberlost V, City of McCall, Valley County, Idaho, as
shown on the official plat thereof on file in the office
of the Recorder of Valley County, Idaho, in Book 7, Page
20 of Plats, more particularly described as follows:
Commencing at the northwest corner of Lot 1, Block 5,
Timberlost V, City of McCall, Valley County, Idaho, as
shown on the official plat thereof on file in the office
of the Recorder of Valley County, Idaho, in Book 7,
Page 20 of Plats; thence S. 89 degrees 49110" E., 225.38
feet along the northerly boundary of said Lot 1 to the
real point of beginning:
Thence continuing S. 89 degrees 49110" E., 160.54 feet
to the northeast corner of said Lot 1,
thence S. 34 degrees 33' 00" W. , 274. 34 feet along the
easterly boundary of said Lot 1,
thence S. 20 degrees 24' 00" W. , 387. 25 feet to the
southerly boundary of said Lot 1,
thence N. 89 degrees 49'10" W., 96.84 feet to the south-
west corner of said Lot 1,
thence N. 0 degrees 08'41" E., 313.35 feet along the
west boundary of said Lot 1,
thence S. 76 degrees 00' 00" E., 95. 83 feet,
thence N. 24 degrees 00100" E., 327.24 feet to the
point of beginning, containing 1.901 acres, more
or less,
Bearings based on State Plane Grid Azimuth.
Section 2. The real property which the city intends to receive
in such exchange is certain real property now owned by Don C.
Medley and Dick Medley, both married men, which is more
particularly described as follows:
A tract of land in the W 1/2 NW 1/4 of Section 10, T.
18 N., R. 3 E., B.M., Valley County, Idaho, more
particularly described as follows:
Commencing at the one -quarter corner common to Sections
9 and 10, T. 18 N., R., 3 E., B.M., Valley County, Idaho,
being the real point of beginning; thence East along the
Southerly boundary line of the SW 1/4 NW 1/4 of said
Section 10, a distance of 10.5 feet; thence N. 0 degrees
01140" E., 1279.66 feet to a point; thence S. 89 degrees
56'10" E., 608.67 feet to a point; thence S. 10 degrees
55' 30" W. , 100. 86 feet to a point; thence S. 71 degrees
43' E., 120.55 feet to a point; thence N. 10 degrees
55'30" E., 186.35 feet to a point; thence N. 85 degrees
16' W., 242 feet to a point; thence N. 49 degrees 53'
W., 107.00 feet to a point; thence N. 9 degrees 21' E.,
30.05 feet to a point; thence N. 75 degrees 45' W.,
311. 40 feet to a point; thence S. 25 degrees 10' W.,
30.35 feet to a point; thence S. 73 degrees 30' E.,
131.10 feet to a point; thence S. 18 degrees 41' W.,
133. 19 feet to a point; thence N. 89 degrees 56' 10" W.,
200 feet, more or less to a point on the section line
common to Sections 9 and 10; thence S. 0 degrees 01'40"
W., 1329.66 feet, more or less to the real point of
beginning;
SUBJECT TO Fairway Drive and Ready Lane as shown on the
official plat of Timberlost V, as recorded April 9, 1979,
under Instrument No. 100075, records of Valley County,
Idaho.
AND
Two parcels of land being a portion of Timberlost VI
as shown on the official plat thereof on file in the
office of the Recorder of Valley County, Idaho, in
Book 8, Page 19 of Plats, more particularly described
as follows:
Commencing at a 1/2" rebar marking the southwest corner
Lot 14, Timberlost VI as shown on the official plat
thereof on file in the office of the Recorder of Valley
County, Idaho, in Book 8, Page 19 of Plats, the real
point of beginning;
Thence S. 89 degrees 53'00" E., 163.82 feet along the
southerly boundary of said Lot 14,
thence S. 3 degrees 00'00" E., 71.95 feet to the extended
northerly right of way of Wooley Way,
thence N. 89 degrees 47' 23" W. , 186. 46 feet along said
right of way to a 5/8" rebar,
thence N. 14 degrees 47' 00" E. , 73. 96 feet to the point
of beginning, containing 0.288 acres, more or less,
Also commencing at a 1/2" rebar marking the southwest
corner of Lot 33, Timberlost VI as shown on the official
plat thereof on file in the office of. the Recorder of
Valley County, Idaho, in Book 8, Page 19 of Plats, the
real point of beginning;
Thence N. 89 degrees 47'23" W., 91.28 feet along the
extended northerly right of way of Wooley Way,
thence N. 3 degrees 00' 00" W., 65. 40 feet,
thence S. 71 degrees 34'00" E., 99.89 feet to a 5/8"
rebar marking the northwest corner of said Lot 33,
thence S. 0 degrees 07' 00" W. , 34. 06 feet to the point
of beginning, containing 0.106 acres, more or less.
Bearings based on the plat of Timberlost VI.
AND
(When provided, a description of easement for pathway for golf
players, golf carts and golf course maintenance shall be inserted
- prior to adoption of ordinance).
Section 3. The purpose of the exchange is to exchange real
property of the City near the McCall golf course clubhouse for
real property to be used for street purposes and golf course
purposes. The real property be acquired for street purposes is a
strip of land 10. 5 feet in width and 1279.66 feet in length along
the easterly boundary of Clements Road. The real property to be
acquired for golf course purposes consists of two tracts of land
lying westerly from the golf course clubhouse and two tracts of
land lying at the south ends of golf course fairways 6 and 6,
joined by an easement for a pathway between such fairways, for
golf players, golf carts and golf course maintenance.
Section 4. A public hearing shall be held upon the proposed
exchagne of property, which public hearing shall be held at the
McCall City Ha11, 216 Park Street, McCall, Idaho, on the day
of , 1991, at the hour of o'clock P.M., of such
day.
Any and all interested persons are invited to attend and be
heard at such public hearing.
Section 5. The City Clerk shall publish notice of such public
hearing twice, at least seven (7) days apart, in the Central Idaho
Star -News, the official newspaper at least fifteen (16) days prior
to such hearing.
Section 6. Copies of the appraised value of the above
described tracts are on file in the office of the City Clerk at
the McCall City Hall and are open to public inspection at all
times during regular office hours.
" s
S e c t i o n 7 . I n t h e e v e n t t h a t n o o b j e c t i o n i s m a d e t o s u c h
e x c h a n g e i n t h e f o r m a n d m a n n e r a s p r o v i d e d i n c h a p t e r 1 4 , T i t l e
5 0 , I d a h o C o d e , s u c h e x c h a n g e o f p r o p e r t y s h a l l b e m a d e a t 2 : 0 0
o ' c l o c k p . m . , o n t h e d a y o f , 1 9 9 2 , a t t h e M c C a l l
C i t y H a l l , M c C a l l , I d a h o .
S e c t i o n S . T h i s o r d i n a n c e s h a l l b e i n f u l l f o r c e a n d e f f e c t
f r o m a n d a f t e r i t s p a s s a g e , a p p r o v a l a n d p u b l i c a t i o n a s r e q u i r e d
b y l a w .
P a s s e d a n d a p p r o v e d t h i s d a y o f N o v e m b e r , 1 9 9 1 .
M a y o r
A t t e s t :
C i t y C l e r i c
ROBERT H. REMAKLUS, LAWYER P.A.
PROFESSIONAL CENTER BUILDING
POST OFFICE BOX 759
CASCADE, IDAHO83611
TELEPHONE (208) 382-4267
November 4, 1991
Arthur J. Schmidt, Jr.
City Clerk/administrator
P. O. Box 1885
McCall, Idaho 83638
Dear Bud:
Enclosed is a copy of the proposed Ordinance for the D & D Land
Trade with the City of McCall at the golf course which includes
the 12 foot wide easement for golfers and maintenance. Please
check it over and let me know if other chagnes are required. Also
take a lock at Section 3 which has been expanded to include the
additional reasons for the trade.
You may wish to have Joel Droulard also check this out.
Very truly Yours,
Robert H. Remaklus
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ORDINANCE NO.
AN ORDINANCE EXPRESSING THE INTENT OF THE CITY OF
McCALL, IDAHO, TO EXCHANGE CERTAIN REAL PROPERTY
BELONGING TO THE CITY FOR OTHER REAL PROPERTY FOR
RECREATIONAL PURPOSES, DESCRIBING SAID REAL PROPERTY,
PROVIDING THE PURPOSE OF SUCH EXCHANGE, PROVIDING
FOR A PUBLIC HEARING UPON SUCH EXCHANGE, PROVIDING
FOR PUBLICATION OF NOTICE OF SUCH HEARING, PROVIDING
THAT COPIES OF THE APPRAISALS OF SUCH REAL PROPERTY
ARE OPEN TO PUBLIC INSPECTION, PROVIDING A DATE
UPON WHICH SUCH EXCHANGE OF PROPERTY SHALL OCCUR,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF McCALL, IDAHO, AS FOLLOWS:
Section 1. Pursuant to Section 50-i403, Idaho Code, the City
Council of the City of McCall, Idaho, does hereby express its
intent to exchange real property of the City of McCall not used
for public purposes, which said property is more particularly
described as follows:
CITY OWNED PROPERTY
A parcel of land being a portion of Lot 1, Block 5,
Timberlost V, City of McCall, Valley County, Idaho, as
shown on the official plat thereof on file in the office
of the Recorder of Valley County, Idaho, in Book 7, Page
20 of Plats, more particularly described as follows:
Commencing at the northwest corner of Lot 1, Block 5,
Timberlost V, City of McCall, Valley County., Idaho, as
shown on the official plat thereof on file in the office
of the Recorder of Talley County, Idaho, in Book 7,
Page 20 of Plats; thence S. 89 degrees 49'10" E., 225.38
feet along the northerly boundary of said Lot 1 to the
real point of beginning:
Thence continuing S. 89 degrees 49'10" E. , 160.54 feet
to the northeast corner of said Lot 1,
thence S. 34 degrees 33' 00" W. , 274.34 feet along the
easterly boundary of said Lot 1,
thence S. 20 degrees 24' 00" W. , 387.25 feet to the
southerly boundary of said Lot 1,
thence N. 89 degrees 49'10" W., 96.84 feet to the south-
west corner of said Lot 1,
thence N. 0 degrees 08' 41" E. , 313.35 feet along the
west boundary of said Lot 1,
thence S. 76 degrees 00' 00" E. , 95.83 feet,
thence N. 24 degrees 00' 00" E. , 327.24 feet to the
point of beginning, containing 1.901 acres, more
or less,
Bearings based on State Plane Grid Azimuth.
Section 2. The real property which the city intends to receive
in such exchange is certain real property now owned by Don C.
Medley and Dick Medley, both married men, which is more
particularly described as follows:
A tract of land in the W 1}2 NW 1/4 of Section 10, T.
18 N., R. 3 E., E.M., Valley County, Idaho, more
particularly described as follows:
Commencing at the one -quarter corner common to Sections
9 and 10, T. 18 N., R., 3 E., E.M., Valley County, Idaho,
being the real point of beginning; thence East along the
Southerly boundary line of the SW 1/4 NW 1/4 of said
Section 10, a distance of 10.5 feet; thence N. 0 degrees
01'40" E., 1279.66 feet to a point; thence S. 89 degrees
56' 10" E., 608.67 feet to a point; thence S. 10 degrees
55' 30" W., 100.86 feet to a point; thence S. 71 degrees
43' E., 120.55 feet to a point; thence N. 10 degrees
55'30" E., 186.35 feet to a point; thence N. 85 degrees
16' W., 242 feet to a point; thence N. 49 degrees 53'
W., 107.00 feet to a point; thence N. 9 degrees 21' E.,
30.05 feet to a point; thence N. 75 degrees 45' W.,
311.40 feet to a point; thence S. 25 degrees 10' W.,
30.35 feet to a point; thence S. 73 degrees 30' E.,
131.10 feet to a point; thence S. 18 degrees 41' W.,
133.19 feet to a point; thence N. 89 degrees 56'10" W.,
200 feet, more or less to a point on the section line
common to Sections 9 and 10; thence S. 0 degrees 01140"
W., 1329.66 feet, more or less to the real point of
beginning, containing 1.899 acres, more or less,
excluding Fairway Drive and Ready Lane;
Bearings based on plat of said Timberlost V;
SUBJECT TO Fairway Drive and Ready Lane as shown on the
official plat of Timberlost V, as recorded April 9, 1979,
under Instrument No. 100075, records of Valley County,
Idaho.
AND
Two parcels of land being a portion of Timberlost VI
as shown on the official plat thereof on file in the
office of the Recorder of Valley County, Idaho, in
Book 8, Page 19 of Plats, more particularly described
as follows:
Commencing at a 1/2" rebar marking the southwest corner
Lot 14, Timberlost VI as shown on the official plat
thereof on file in the office of the Recorder of Valley
County, Idaho, in Book 8, Page 19 of Plats, the real
point of beginning;
Thence S. 89 degrees 53'00" E., 163.82 feet along the
southerly boundary of said Lot 14,
thence S. 3 degrees 00'00" E., 71.95 feet to the extended
northerly right of way of Wooley Way,
thence N. 89 degrees 47123" W., 186.46 feet along said
right of way to a 5/8" rebar,
thence N. 14 degrees 47'00" E., 73.96 feet to the point
' of beginning, containing 0.288 acres, more or less,
Also commencing at a 1/2" rebar marking the southwest
corner of Lot 33, Timberlost VI as shown on the official
plat thereof on file in the office of the Recorder of
Valley County, Idaho, in Book 8, Page 19 of Plats, the
real point of beginning;
Thence N. 89 degrees 47' 23" W., 91.28 feet along the
extended northerly right of way of Wooley Way,
thence N. 3 degrees 00' 00" W., 65.40 feet,
thence S. 71 degrees 34' 00" E., 99.89 feet to a 5f8"
rebar marking the northwest corner of said Lot 33,
thence S. 0 degrees 07'00" W., 34.06 feet to the point
of beginning, containing 0.106 acres, more or less.
Bearings based on the plat of Timberlost VI.
AND
A 12.00 foot wide easement and right of way for golf
players, golf carts and golf course maintenance purposes,
situate in a portion of Timberlost VI as shown on the
official plat thereof on file in the office of the
Recorder of Valley County, Idaho, in Book 8, Page 19
of Plats, lying 6.00 feet on each side of the following
described line:
Commencing at a 1/2" rebar marking the southeast corner
of Lot 14, Timberlost VI as shown on the official plat
thereof on file in the office of the Recorder of Valley
County, Idaho, in Book 8, Page 19 of Plats; thence N.
89 degrees 53'00" W., 11.52 feet along the southerly
boundary of said Lot 14; thence S. 3 degrees 00'00" E.,
17.66 feet along the westerly right of way of Eagle
Drive to the real point of beginning; thence N. 48 degrees
00' 00" E., 53.98 feet to the easterly right of way of
Eagle Drive, the point of ending.
Bearings based on the plat of Timberlost VI.
Section 3. The purpose of the exchange is to exchange real
property of the City near the McCall golf course clubhouse for
real property to be used for _street purposes and golf course
purposes. The real propertebe acquired for street purposes is a
strip of land 10.5 feet in width and 1279.66 feet in length along
the easterly boundary of Clements Road. The real property to be
acquired for golf course purposes consists of two tracts of land
lying westerly from the golf course clubhouse which provides
driveway access to the golf course clubhouse, a putting green and
vehicle parking, and two tracts of land lying at the south ends of
golf course fairways 5 and 6, joined by an easement for a pathway
between such fairways, for golf players, golf carts and golf
course maintenance.
Section 4. A public hearing shall be held upon the proposed
exchange of property, which public hearing shall be held at the
McCall City Hall, 216 Park Street, McCall, Idaho, on the 12th day
of December, 1991, at the hour of 7:30 o'clock P.M., of such day.
Any and all interested persons are invited to attend and be
heard at such public hearing.
Section 5. The City Clerk shall publish notice of such public
hearing twice, at least seven (7) days apart, in the Central Idaho
Star -News, the official newspaper at least fifteen (15) days prior
to such hearing.
Section 6. Copies of the appraised value of the above
described tracts are on file in the office of the City Clerk at
the McCall City Hall and are open to public inspection at all
times during regular office hours.
Section 7. In the event that no objection is made to such
exchange in the form and manner as provided in chapter 14, Title
50, Idaho Code, such exchange of property shall be made at 2:00
o'clock p.m., on the i3th day of March, 1992, at the McCall City
Hall, McCall, Idaho.
Section 8. This ordinance shall be in full force and effect
from and after its passage, approval and publication as required
by law.
Passed and approved this day of November, 1991.
Mayor
Attest:
City Clerk